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Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade

Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade

Author: Photini Pazartzis; Maria Gavouneli; Anastasios Gourgourinis; Matina Papadaki
Publisher: Hart Publishing
ISBN: 9781509924745

Published In: October 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849468800

List Price: HKD 519.87

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Description
Contents

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The importance of the rule of law to the international legal order has always been clear and was most recently confirmed with the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations.

In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examines how exactly this commitment to the rule of law manifests itself. Looking at cutting edge issues within each field, it also examines those questions that arise from the interplay between the different fields.

With a clear three part structure, it explores each area in detail, asking what contemporary challenges are faced while trying to assure a commitment to the rules of and how it has been or should be reconceptualised. The multi-disciplinary approach will assure the book will appeal to international lawyers from across the spectrum. It will also apply to practitioners in the field of international investment and trade law.

Part I: Contemporary Challenges of Global Governance in the Spotlight

Section 1: Actors and Processes Revisited

The Transparency of Global Governance

Anne Peters

Between Flexibility and Stability: Ad Hoc Procedures and/or Judicial Institutions?

Chiara Giorgetti

Domestic Courts as Compliance Enforcers

Mizushima Tomonori

Towards Reinforcing or Contesting the Vision of the Rule of Law?

Myriam Senn

Formation of International Custom and the Role of Non-State Actors

George D Kyriakopoulos

Section 2: Factors and Structures Reconsidered

Disaster Relief in International Law

Gabriella Venturini

After 60 Years: The International Legal Regime Protecting Stateless Persons-Stocktaking and New Tendencies

Tamás Molnár

Responsibility to Protect (R2P) and Minorities

Vassilios Grammatikas

Governance of Financial Crises: A Role for the International Protection of Economic and Social Rights?

Lorenza Mola

10.

Recent Regulatory Initiatives in the Ratings Industry: CRA III and the ESMA Proposals on Structured Finance, the Performance of Agencies and their Fee Arrangements

Emmanuel P Mastromanolis

11.

The Odious Debt Doctrine: The Past and the Challenges of the Present

Georgios Nikolaides-Krassas

Part II: International Legal Facets of the Modern Race towards Resources

Section 1: Protecting the Past

12.

'Return of Cultural Treasures to their Countries of Origin': Principle or Trend in Cultural Property Law?

Irini Stamatoudi

13.

The Cultural Heritage of Mankind beyond UNESCO: The Case of International Financial Institutions

Antonia Zervaki

Section 2: Sharing the Present and Safeguarding the Future

14.

Something Fishy about Fisheries: High Seas Fisheries and the Common Resource Conundrum

Rosemary Rayfuse

15.

Biodiversity, Marine Protected Areas and Areas beyond National Jurisdiction

Antonios Antonopoulos

16.

Turkish Objections to Exclusive Economic Zone Agreements Concluded by Cyprus

Erik Franckx and Marco Benatar

17.

Towards the Acceptance of the Equidistance Rule in the Delimitation of the Continental Shelf and the Exclusive Economic Zone: The Role of International Jurisprudence

Maria Xiouri-

18.

Collective Responsibility for Water in Central Asia

Mindia Vashakmadze

19.

International Law, Governance and Trade of Water Services

Andreia Costa Vieira

Part III: Towards a New Order for International Investment and Trade

Section 1: International Arbitration at a Crossroads

20.

The Rule of Law in International Investment Arbitration

August Reinisch

21.

Three Pillars of International Public Policy

Georgios Petrochilos

22.

Abuse of Rights in Modern International Investment Arbitration: The Rule of Law Revisited? The Practitioner's View

Stratis G Georgilas

23.

Abstract Interpretations in International Investment Law

Friedrich Rosenfeld

Section 2: International Trade in Transformation

24.

Regionalism and the Constitutionalization of the WTO

Dencho Georgiev

25.

OPEC Production Quotas and the World Trade Organization

Paolo Davide Farah and Elena Cima

26.

The Role of the WTO in Addressing Regulatory Pricing Policies in the Energy Sector

Ilaria Espa

27.

Legitimate Countermeasures in International Trade Law and their Illegality in International Investment Law

Junianto James Losari and Michael Ewing-Chow

28.

Duplicating the Trade Law 'Spaghetti Bowl'? Increasing Regionalization and Overlap of Investment Treaties-a Review of State Practice

Wolfgang Alschner

29.

Most-Favoured Nation and National Treatment in the EU and US Regional Trade Agreements-Tools for Equal or Discriminatory Treatment?

Magdalena Slok-Wodkowska

30.

Recent Trends of Common Commercial Policy of the European Union: From Global to Regional (and Back?) in the Governance of International Economic Order

Chiara Cellerino